HomeMy WebLinkAboutCity of Biggs 2015-07-08; Amendment 1 - 2015-07-08(3-(9-v- M' - lS1t, -c` 53 -Al
AMENDMENT NO. 1
TO THE
TRANSACTION AGREEMENT
This Amendment No. 1 ( "Amendment ") is made by and between the City of Ukiah,
California ( "Ukiah" or "Seller "), and the City of Biggs, California ( "Biggs" or "Purchaser "), to
modify certain terms and provisions of the Transaction Agreement (herein "Agreement ") made
and entered into by Ukiah and Biggs on July 8, 2015. Ukiah and Biggs are sometimes referred to
hereinafter individually as "Party" and collectively as "Parties ".
1. Amendment. The Parties agree to amend the Agreement as follows:
1.1. Contract Quantity as defined in the Agreement is hereby deleted and replaced with the
following new definition of Contract Quantity that reads as follows:
Contract Quantity: Up to 2,000 megawatt hours of Resource Contingent Bundled RECs
during the Term of the Transaction. The amount of Product delivered
from Seller to Purchaser during any applicable dispatch interval during the
Term of the Transaction shall be limited to the minimum of either (i)
5.6145% of the total output produced by each Generating Facility listed
herein (City of Ukiah's entitlement interest in each Generating Facility),
or (ii) the gross load of Purchaser.
2. Effect on Agreement. Except as specifically modified herein, no other provision in the
Agreement is intended to be modified, and the Agreement, as amended, shall remain in full
force and effect in its entirety. This Amendment shall not impact, prejudice, or waive either
Party's rights or obligations under the Agreement for the period either prior to the effective
date of this Amendment or following the termination thereof, and no precedent for further
amendments to the Agreement is hereby intended.
3. Signature Clause. The signatories hereto represent that they have been appropriately
authorized to enter into this Amendment on behalf of their respective Party.
Amendment No. 1 to the Transaction Agreement
Page 2
IN WHITNESS WHEREOF, the Parties have signed this Amendment to be effective as of
day of , 2015.
City of Biggs City of Ukiah
By: By:
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Title: Title:
Date: Date: 10
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Approve as to Form
By:
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Title:
Date:
Approve as
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Attest: Attest: